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april 1968

Supreme Court of India · 1968-04-23

TRILOKI NATH & ANR. vs STATE OF JAMMU & KASHMIR & ORS.

Citation / case number
SC 1965/308
Court
Supreme Court of India
Petitioner
TRILOKI NATH & ANR.
Respondent
STATE OF JAMMU & KASHMIR & ORS.
Author
HIDAYATULLAH, M. (),SHAHC.,SIKRI, S.M.,RAMASWAMI, V.,BHARGAVA, VISHISHTHA
Bench
HIDAYATULLAH, M. (CJ),SHAH, J.C.,SIKRI, S.M.,RAMASWAMI, V.,BHARGAVA, VISHISHTHA

Judgment text excerpt

The Supreme Court ruled that the promotion of junior officers over senior officers based on religion and place of residence violated Article 16(2) of the Constitution, which prohibits discrimination in matters of employment. The Court clarified that 'backward class' cannot be equated with 'backward caste' or 'backward community' and emphasized that any classification must not solely rely on caste, community, or religion, as it would contravene constitutional guarantees. The Court held that the State's actions did not constitute valid reservations under Article 16(4), leading to the conclusion that the promotion policy was unconstitutional.

TRILOKI NATH & ANR. vs STATE OF JAMMU & KASHMIR & ORS. · Niyam